At present, an adult driver can consume alcohol and drive until that individual's blood-alcohol content (BAC) reaches 0.08%. At this point, the driver has reached the point of illegal BAC, and can be arrested for a DUI offense. Drivers under the age of 21 are restricted from having any blood-alcohol content in their body whatsoever. This means that if they take a breath test and the results are even a 0.01% BAC, most states will consider this enough evidence to make an arrest and charge the offender with an underage DUI. Commercial drivers who are in company-owned vehicles or drive for a living are held to another standard, and can have a BAC of up to 0.04%. Anything above this is considered illegal and they can be arrested and punished with the same sentences that a noncommercial driver would receive for a 0.08% BAC.

Yet all of this might change if the National Transportation Safety Board (NTSB) gets their way. The safety advocacy board recently recommended that the federal government lower that national BAC limit from 0.08% to only 0.05%. The NTSB says that currently, a 180 pound male has to drink about four drinks in an hour to reach the 0.08% limit. For many drivers, a 0.08% BAC will mean visible and severe intoxication. The same man would only need to consume two to three drinks to register a 0.05% BAC. At 0.05%, a driver is not typically drunk but may be feeling the effects of alcohol. According to an advocacy group called BRAD, drivers with a 0.05% BAC will already be feeling the effects of alcohol hamper their driving skills. They could face possible criminal charges for reckless driving, even if they can't be accused of a DUI.

The NTSB says that the government is not doing enough to prevent the tragic DUI fatalities that occur in the United States every year. Allegedly, alcohol-related crashes kill about 10,000 people per year. The NTSB believes that these accidents could be reduced significantly with a lower 0.05% BAC limit. The safety board estimates that at least 500 and up to 800 lives could be saved with the new policy. In the last 30 years, approximately 440,000 people have died as a result of alcohol-impaired driving. About 1/3 of all traffic accidents involve alcohol. The NTSB says that lowering the BAC limit will leave a legacy and reduce the statistics for years to come.

While the federal limit rests at 0.08% at present, the states have the liberty to enact lower BAC limits. Mothers Against Drunk Driving promoted the 0.08% limit in the 1980's and 1990's and by 2004 all states adopted this new measure. The NTSB cannot enact any policies, but has the right to suggest changes to the federal government and campaign for them to be put into action. The independent agency has always been regarded as an influential public safety advocate. The NTSB also suggests that all first-time offenders have an ignition interlock device installed in their vehicle in every state. This will prevent the offender's car from starting until the breath sample has been analyzed.

If the driver has had too much to drink, the ignition interlock device will prevent the car from starting. The NTSB recognizes that many of the DUI drivers out on the road are previous offenders. The board believes that by implementing this penalty for all first-time offenders, it will reduce the amount of repeat DUIs in the United States. If you have been arrested for a DUI and need assistance, then talk to a lawyer today for more information. This new policy, if enacted, will most likely heighten the number of DUI arrests.